[15 April 2023] The Domestic Violence Amendment Act, 2021, came into force on 14 April 2023.
At the same time updated regulations were published, including the various forms that must be used.
A victim of domestic violence can approach a court to obtain a protection order designed to stop domestic violence being committed using electronic communications. A new section 5B now provides for electronic communications service providers to:
- furnish information about the identity of a person alleged to have committed domestic violence using electronic communications
- where appropriate, remove or disable access to electronic communications used to commit domestic violence
Electronic communications service providers or ECSPs include ISPs and hosting companies. A tariff of R150 inclusive of VAT per request is payable as compensation to the ECSP for each information request it responds to, although most ECSPs waive this fee.
[22 June 2022] Recent amendments to the Domestic Violence Act have created obligations on electronic communications service providers or ECSPs (such as ISPs and voice service providers) to assist in the protection of victims of domestic violence.
These amendments are not yet in force.
These provisions supplement those in the Protection from Harassment Act and the Maintenance Act which also impose obligations on ECSPs to help in tracking down those unlawfully harassing or defaulting on their maintenance obligations.
The Department of Justice and Constitutional Development and ICASA are now requesting comments on draft regulations and tariffs which are required to allow full implementation of the Amendment Act.
- Letter to ECS Providers
- Draft Tariff of Compensation Payable to ECS Providers
- Draft Regulations and Forms
Comments are due by 16h00 on 8 July 2022.
Draft Tariff of Compensation Payable to ECS Providers:
- Attention: Chief Executive Officer, Mr Willington Ngwepe / firstname.lastname@example.org
Draft Regulations and Forms:
- Attention: Mr M Mokulubete / MMokulubete@justice.gov.za